According to USA Today, a trial was scheduled for U.S. District Court in Utica on May 7. But after, Stewart's legal team had motions for dismissal denied twice, a hearing on "terms and conditions of the settlement" is now set for April 12.

Ward was killed following a racing accident that involved his car and Stewart's crashing. While the race was under caution, Ward exited his car, walked onto the track and pointed at Stewart. It was then that Stewart's car hit him, he would die less than an hour later at a hospital.